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Kellogg v. State

Court of Appeals of Texas, First District, Houston
Feb 16, 2006
Nos. 01-05-00734-CR, 01-05-00735-CR (Tex. App. Feb. 16, 2006)

Opinion

Nos. 01-05-00734-CR, 01-05-00735-CR

Opinion issued February 16, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2.(b).

On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause Nos. 1033377 and 1033378.

Panel consists of Justices TAFT, HIGLEY and BLAND.


MEMORANDUM OPINION


On October 24, 2005, appellant's counsel filed a motion to dismiss the appeal. The motion does not comply with Rule 42.2(a) of the Texas Rules of Appellate Procedure because it was not signed by appellant. See Tex.R.App.P. 42.2(a). On November 18, 2005, appellant's counsel filed in this Court a notarized affidavit signed by appellant Robert Cody Kellogg that requests the above-referenced appeals be dismissed. Given appellant's expressed desire to forego pursuit of his appeals, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex.R.App.P. 2. We have not yet issued a decision. Accordingly, the appeals are dismissed. The clerk of this Court is directed to issue the mandates. Tex.R.App.P. 18.1. Any pending motions are denied as moot.


Summaries of

Kellogg v. State

Court of Appeals of Texas, First District, Houston
Feb 16, 2006
Nos. 01-05-00734-CR, 01-05-00735-CR (Tex. App. Feb. 16, 2006)
Case details for

Kellogg v. State

Case Details

Full title:ROBERT KELLOGG, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Feb 16, 2006

Citations

Nos. 01-05-00734-CR, 01-05-00735-CR (Tex. App. Feb. 16, 2006)